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Madras High CourtWP(MD)/15342/2022allowed

Jesuraj. S v. Deputy Registrar Of Co-Operative Societies

2022-07-29Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.15342 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15342 of 2022 & W.M.P.(MD)No.10992 of 2022 S.Jesuraj, S/o.Savarimuthu, (Retired) Senior Clerk, 197, Manapparai Primary Agriculture Co-op. Credit Society, No.4, Agraharam Street, Manapparai, Tiruchirappalli District.

... Petitioner Vs.

1. The Deputy Registrar of Co-operative Societies, Government Multipurpose Official Building, Kajamalai, Tiruchirappalli - 20.

2. The Sub Registrar, Sub Registration Office, Manapparai Sub Registration, Tiruchirappalli District.

... Respondents Prayer : Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the attachment order before Judgment passed by the first respondent in his impugned order in CEP No.2/2017-18 in RC No.248/2017/SF1 dated 30.08.2018 and quash the same and consequently direct the respondents to release the encumbrance attached to the property within the time limit that may be stipulated by this Court.

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2 W.P.(MD)NO.15342 OF 2022 For Petitioner : Mr.K.Gurunathan For Respondents: Mr.M.Senthil Ayyanar, Government Advocate.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner had suffered orders of surcharge; he had filed appeals before the Co-operative Tribunal in respect of both the surcharge orders. While the orders of attachment can remain, the respondents shall not bring the property to auction till the disposal of the appeals filed by the petitioner before the Co-operative Tribunal.

3. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

29.07.2022 Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.15342 OF 2022 To:

1. The Deputy Registrar of Co-operative Societies, Government Multipurpose Official Building, Kajamalai, Tiruchirappalli - 20.

2. The Sub Registrar, Sub Registration Office, Manapparai Sub Registration, Tiruchirappalli District.

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4 W.P.(MD)NO.15342 OF 2022 G.R.SWAMINATHAN,J.

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